CHAPTER 503

AN ACT TO AMEND CHAPTER 31, TITLE 3, DELAWARE CODE, RELATING TO MILK, CREAM AND OTHER MILK PRODUCTS.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Amend Title 3, Delaware Code, Section 3115, by striking said section in its entirety and substituting in lieu thereof a new section to read as follows:

§ 3115. Frequency of testing, holding, testing and reporting; retesting provisions

Any person or milk plant or agent thereof in the State or out of the State engaged in the business of buying milk on the basis of percentage of butterfat contained therein shall make a test at least once every sixteen days. The milk purchased from each milk producer shall be represented by a composite sample taken from the entire delivery of each of the several lots purchased from the milk producer and shall cover a period of not more than 16 days. A composite sample shall contain a preservative and it shall contain aliquot parts from each lot of milk collected. The preservative must be capable of keeping the composite sample in suitable condition for testing for a period of at least 30 days. Each composite sample shall be held in an air tight bottle, such bottle shall be labeled with the name or number of the milk producer.

After the composite samples have been tested, their residues shall be held intact and in a suitable condition for retesting for a period of 15 days.

All milk producers shall be notified within 5 days after the close of the period giving such producer the results of the butterfat test on the composite sample. If the producer desires a retest, such request shall be made directly to the milk plant or through the fieldman within 24 hours after the receipt of the butterfat test. Such retest shall be made immediately and reported to the producer.

The State Board of Agriculture may at any time require out of state milk plants to deliver one or all composite samples to the State Board of Agriculture laboratories for retesting purposes. An alternative would be for the out of state milk plant to grant the State Board of Agriculture or its agents permission to enter their plants for the purpose of taking samples for rechecking purposes. If the composite sample should in some manner be destroyed during the period and it becomes necessary to use fresh samples as the basis of settlement at least three fresh samples shall be taken from three separate deliveries of milk.

Reports of all butterfat tests shall be made to the State Board of Agriculture at the close of each testing period. If butterfat tests vary more than 0.20 percent from one testing period to the next testing period, a retest shall be made and reported.

Approved June 3, 1970.